San Luis Obispo County Department of Social Services v. Alexandra S.

41 Cal. App. 4th 1311, 96 Cal. Daily Op. Serv. 423, 49 Cal. Rptr. 2d 139, 96 Daily Journal DAR 651, 1996 Cal. App. LEXIS 42
CourtCalifornia Court of Appeal
DecidedJanuary 18, 1996
DocketNo. B090963
StatusPublished

This text of 41 Cal. App. 4th 1311 (San Luis Obispo County Department of Social Services v. Alexandra S.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
San Luis Obispo County Department of Social Services v. Alexandra S., 41 Cal. App. 4th 1311, 96 Cal. Daily Op. Serv. 423, 49 Cal. Rptr. 2d 139, 96 Daily Journal DAR 651, 1996 Cal. App. LEXIS 42 (Cal. Ct. App. 1996).

Opinions

[1314]*1314Opinion

GILBERT, J.

A mother has delusions about the health of her minor son. Here we hold substantial evidence supports the conclusion that the minor is at risk of suffering serious emotional damage.

Alexandra S. appeals from the jurisdictional and dispositional orders declaring her children, Matthew S. and Sarah S., to be dependents of the juvenile court.1

Substantial evidence supports the jurisdictional order as to Matthew S. We affirm.

Facts

Alexandra S. had these delusions: her son’s penis had been mutilated, he was being treated at UCLA while she was on a trip to South America, she murdered the treating physician when she returned to find her son in a “septic state” at the hospital. Acting on these delusions, she took her 13-year-old son to a urologist, Doctor Michael deWit Clayton, for an examination on September 2, 1994. He found no evidence of injury whatsoever to her son’s penis, and her son stated he had no such injury. Alexandra S. admitted that she needs help with her psychiatric problems, but that she had trouble finding such help at the time. Although Doctor Clayton did not believe that Matthew S. was in danger of mistreatment, he contacted mental health services to investigate the matter. Doctor Clayton expressed concern whether her children were in good condition and what effect her delusions might have on them.

As a result of Doctor Clayton’s referral, the Department of Social Services for the County of San Luis Obispo (the Department) interviewed the children and Alexandra S. Matthew S. did not want to discuss the urological examination at the time. He said that his mother makes confusing statements. For example, his mother says she was married to Gregory Harrison (the actor) who was murdered by the Mafia. When Alexandra S. was told that Mr. Harrison is alive, she suggested that his murder and funeral were staged. Sarah S., then 16, also reported her mother’s delusions regarding Harrison. Sarah S. said that her mother tried to pull Matthew S.’s pants down to make sure his genitals were healthy. Alexandra S. also has an adult daughter, Lana. The previous year, Alexandra S. tried to touch Lana’s breasts to show her how to massage them to stay healthy.

[1315]*1315Alexandra S. said that Matthew S. complained that his penis was hurting, that she took him into the bathroom, pulled down his pants, saw a plastic bag wrapped around his mutilated penis and took him to UCLA to repair the damage. She disagreed with Doctor Clayton’s diagnosis and felt she could disprove him by observing her son’s penis.

Alexandra S. and her ex-husband, Wesley S., were divorced years ago due to increasing emotional distance between them. Wesley S. lives and works in Brazil and is erratic about sending child and spousal support of $900 per month. He does not want custody of the children, and he realizes that the children prefer to live with their mother. Until shortly before the instant hearing, Alexandra S. worked as a dietitian at a hospital. She was fired because she refused to undergo therapy when she revealed that she had been molested as a child.

The Department temporarily placed the minor children in protective custody with distant relatives on October 5, 1994. On October 7, 1994, the Department filed dependency petitions on behalf of Matthew S. and his 16-year-old sister, Sarah S. (Welf. & Inst. Code, § 300.)2 The children were permitted to return to their mother’s home on October 11, 1994.

The petitions allege that there is a substantial risk that the children will suffer serious physical harm as a result of the mother’s failure or inability to adequately supervise or protect them or to provide them with adequate food, clothing, shelter or medical treatment due to their mother’s serious emotional problems. (§ 300, subd. (b).)

The petitions also alleged that Matthew S. is suffering or is at substantial risk of suffering serious emotional damage as evidenced by severe anxiety, depression or withdrawal which is the result of being included in his mother’s delusional discussions about his genitals. (§ 300, subd. (c).) The petitions alleged that his mother’s emotional problems and behavior placed him at grave risk of sexual abuse. (§ 300, subd. (d).)

Lastly, the petitions alleged that the children have been left without any provision for support in that their father is employed in Brazil and Alexandra S. has primary physical custody. (§ 300, subd. (g).)

The initial report of the investigating social worker, Lance Hillsinger, concluded there is no reason to remove the children from the mother’s home at this time, but he recommended court intervention to monitor whether she might commit “physical acts on her beliefs.” Hillsinger, however, did not [1316]*1316think that Alexandra S. would be violent in the near future. He saw evidence that the mother’s “peculiar beliefs are starting to crumble.” Alexandra S. understands that others view her as delusional, and she admits she may be delusional. Alexandra S. is aware that she suffers from multiple personality disorders and she has participated in extensive therapy. Although she used to drink, she no longer does so. She does not feel she is any threat to her children and she believes she should not be permitted to parent them if she were a danger to them.

Sarah S. and Matthew S. “have a good, warm relationship, a close, loving relationship that would be the envy of many mothers with teenage children.” Neither Sarah S. nor Matthew S. was afraid of their mother and both recognized that what she says is just talk. The children have had no concerns that she would become violent, and they wanted to remain in their mother’s well-kept, three-bedroom home. They were happy to be back in their mother’s care and she did not discuss her delusions after they returned home. Matthew S. is a good student who stated that he can concentrate better on his school work when he is home with his mother.

Doctor Beryl Davis conducted psychological evaluations which she submitted to the court on November 22, 1994. Doctor Davis described Sarah S. as an attractive, healthy-appearing young woman who offered information in a helpful manner. Sarah S. discussed her mother’s delusions, but said she has never felt that her mother was a threat to her or to Matthew S. She denied saying that her mother tried to pull down Matthew S.’s pants. Sarah S. said she has a close relationship with her mother and can tell her anything. Aside from her mother’s delusions, her mother deals with her “in a normal ‘mother’ way.” She is best friends with her brother and is also a good student. She is worried about their reduced financial circumstances, but says that her mother provides meals and helps with her homework. She does not lack food, clothes or shelter.

Doctor Davis concluded that Matthew S. is an attractive, healthy-appearing boy who showed no signs of neglect. He was polite and cooperative, but reticent to discuss his mother’s delusions about his genitals. He said his mother never tried to pull his pants down, and he never has felt threatened by her for any reason. He said he felt confused by his mother’s delusions, but she has not mentioned them again since they went to the urologist.

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41 Cal. App. 4th 1311, 96 Cal. Daily Op. Serv. 423, 49 Cal. Rptr. 2d 139, 96 Daily Journal DAR 651, 1996 Cal. App. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-luis-obispo-county-department-of-social-services-v-alexandra-s-calctapp-1996.